International Trade

  • October 24, 2014

    Halal Food Co. Owner Accused Of Beef Export Fraud

    The owner of an Iowa halal food company has been charged with fraudulently exporting to Malaysia and Indonesia beef that was allegedly mislabeled to make it appear that the meat had been prepared in accordance with those countries' import standards, according to court documents filed in Iowa federal court Thursday.

  • October 24, 2014

    Lawmakers Want Data Flow Protections In TPP Talks

    Six congressmen, including the heads of the Senate Finance and Commerce committees, urged U.S. trade negotiators on Friday to protect the unfettered transfer of commercial data and digital trade in Trans-Pacific Partnership talks this weekend.

  • October 24, 2014

    Fed. Circ. Affirms Higher Duties For Chinese Saw Blade Cos.

    In a one-sentence opinion issued Friday, the Federal Circuit affirmed a decision by the U.S. Court of International Trade that found Chinese diamond saw blade companies had not done enough to show their independence from China's government to deserve their own anti-dumping order rates.

  • October 24, 2014

    Leaving India Adrift Would Pose New Headaches For WTO

    As a World Trade Organization deal to smooth the flow of goods across borders languishes because of India’s hard-line stance on protecting food security programs, whispers of moving the deal forward without India have grown louder, but experts say political fallout and procedural hurdles should give members a pause.

  • October 24, 2014

    ITC Won't Impose Duties On Electrical Steel Imports

    The U.S. International Trade Commission on Thursday said that no anti-dumping duties will be imposed on grain-oriented electrical steel from China, South Korea, Russia and the Czech Republic, finding that no U.S. industry was injured or threatened by imports of the products.

  • October 24, 2014

    Russia's 3 Top Banks File Suit Over EU Sanctions

    Three of Russia's largest banks announced Friday that they are taking the European Union to court challenging sanctions imposed on them over Russia’s aggression in Ukraine, the same day that German Chancellor Angela Merkel announced the sanctions would remain in place because a cease-fire wasn’t being observed.

  • October 23, 2014

    Citigroup, Argentina Gird For New Court Date In Bond Fight

    A New York federal judge has set a court date for Argentina's fight to make payments on $8.4 billion in Argentine law-governed bonds — payments whose blockage custodian Citigroup Inc. says could expose it to criminal sanctions in the South American nation.

  • October 23, 2014

    2nd Circ. Pauses Aluminum Case Until Justices Rule On Libor

    The Second Circuit agreed Thursday to put an appeal from consumers suing the London Metal Exchange Ltd. and several major banks over aluminum warehousing pricing on hold until the U.S. Supreme Court has ruled on a question of appellate procedure in the Libor manipulation litigation.

  • October 23, 2014

    Canada Slams 'Protectionist' Buy America Procurement Bills

    Canada's top trade official on Thursday issued a stern rebuke to U.S. lawmakers for their continuing efforts to ramp up "buy America" requirements for U.S. federal, state and municipal-level governments, blasting the proposals as a damaging restriction on public procurement markets.

  • October 23, 2014

    2nd Circ. Sinks Iraqis’ Alien Tort Suit Against Chevron, BNP

    The Second Circuit on Thursday affirmed a lower court's ruling tossing five Iraqi nationals' attempt to sue Chevron Corp. and BNP Paribas SA for allegedly financially supporting Saddam Hussein's regime in Iraq, saying the plaintiffs failed to connect the companies' actions with Hussein's human rights violations.

  • October 23, 2014

    Gov't, Nokia Back ITC In Induced Infringement Appeal

    The U.S. government, Nokia Corp. and a trade attorneys association supported the U.S. International Trade Commission on Wednesday in its Federal Circuit battle with Suprema Inc., arguing the agency has the power to ban products aimed at inducing infringement even if direct infringement only occurs after importation.

  • October 22, 2014

    Wyden Urges DOE To Review Strategic Petroleum Reserve

    Sen. Ron Wyden, D-Ore., urged the U.S. Department of Energy on Wednesday to study the size and makeup of the U.S. Strategic Petroleum Reserve, echoing a call in a recent watchdog report that recommended both an SPR review and explored an increase in crude oil exports.

  • October 22, 2014

    2nd Circ. Tosses Argentina's Appeal Of $539M Payment Block

    The Second Circuit on Wednesday dismissed Argentina's appeal of a New York federal judge's order blocking a $539 million payment to bondholders via Bank of New York Mellon, finding that it doesn't have jurisidiction because the order appealed from was a clarification rather than a modification of prior rulings.

  • October 22, 2014

    Motorola Tells 7th Circ. FTAIA No Cartel Shield

    Motorola Mobility LLC told the Seventh Circuit on Tuesday that the Foreign Trade Antitrust Improvements Act, which was designed to limit the foreign reach of U.S. antitrust law, was not meant to give a free pass to cartels whose products end up in the U.S. just because the sales happen abroad.

  • October 22, 2014

    Incoming EU Leader Aims To Cool TTIP Arbitration Worries

    The incoming president of the European Commission on Wednesday stressed that any investor-state dispute settlement system in the Transatlantic Trade and Investment Partnership would not threaten the sovereignty of domestic courts, while also holding open the possibility that the controversial provision could be scrapped altogether.

  • October 22, 2014

    ITC Agrees To Review Construction Of Sleep-Aid Patents

    The U.S. International Trade Commission has agreed to review a pair of claim constructions made in a case alleging sleep disorder devices imported by BMC Medical Co. violated patents held by ResMed Corp., according to a notice published in Wednesday's Federal Register.

  • October 22, 2014

    Key Dem Makes Rare Trip To TPP Session In Australia

    The House Ways and Means Committee's top-ranking Democrat traveled to Sydney, Australia, on Tuesday to more closely observe the status of the Trans-Pacific Partnership talks, which are entering a crucial stage as negotiators aim to seal a final agreement as soon as possible.

  • October 21, 2014

    ITC Says It Can Bar Goods Aimed At Induced Infringement

    The U.S. International Trade Commission and Cross Match Technologies Inc. recently urged the full Federal Circuit to hold that the commission can bar imported products meant to induce infringement, even if the direct infringement occurred post-importation, arguing congressional intent supports this authority.

  • October 21, 2014

    Alcoa Execs Promise Compliance Reform To Settle Bribe Row

    Alcoa Inc. shareholders on Monday asked a Pennsylvania federal judge to approve a settlement between shareholders and the board over allegations that the company paid hundreds of millions of dollars in illegal bribes to government officials in Bahrain.

  • October 21, 2014

    Finnegan Sanctioned For Destroying Evidence In Dow IP Case

    In an unusual ruling, a U.S. International Trade Commission judge sanctioned a Dutch company and its counsel, Finnegan Henderson Farabow Garrett & Dunner LLP, for spoliation of evidence by awarding Dow Chemical Co. default judgment on its trade secret claims against the company.

Expert Analysis

  • New Restrictions On Int'l Trade In Genetic Resources

    Bruce Manheim

    Although the U.S. has not signed or ratified the Nagoya Protocol, U.S. companies that utilize genetic resources from other countries for scientific research or commercial purposes will be subjected to these new requirements and restrictions. With many countries already vigorously enforcing such restrictions, the consequences of not fully complying may be draconian, says Bruce Manheim of WilmerHale.

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • WTO Problems Won't Stop Trade Facilitation

    Evelyn Suarez

    There is a great deal of discussion about what the World Trade Organization’s failure to implement the trade facilitation agreement means for the WTO, but what does it mean for trade facilitation? Probably not all that much, says Evelyn Suarez of The Suarez Firm.

  • How To Successfully Use Alibaba's AliProtect

    Theodore Baroody

    If a U.S. intellectual property owner has limited financial resources such that infringement represented by an Alibaba.com listing accessible in the U.S. might otherwise go unaddressed, a complaint through the AliProtect system may present a reasonable option. AliProtect has some quirks, but it worked when we tried it, and the time from complaint to takedown was about five days, says Theodore Baroody of Carstens & Cahoon LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Offset Deals Can Pose High FCPA Risks For Defense Industry

    Howard Weissman

    Based on almost 30 years of experience in the defense industry, I do not believe that offset transactions are inherently or frequently corrupt. But with a potentially high Foreign Corrupt Practices Act compliance risk, these projects require thorough risk-based due diligence on the parties involved in them, says Howard Weissman, of counsel with Baker & McKenzie LLP and former associate general counsel at Lockheed Martin Corp.

  • Export Controls And The Art Of Voluntary Disclosures

    Brett Johnson

    A person who dabbles in art is not likely to paint museum-worthy masterpieces. The same principle applies to drafting, submitting and addressing the long-term impact of voluntary disclosures. Companies should prepare well in advance for a possible export control violation, says Brett Johnson of Snell & Wilmer LLP.

  • Crisis At The WTO — What Options Are Left?

    Terence Stewart

    While one may hope for brighter days in the future, the raging storm within the World Trade Organization membership at the moment suggests it will be a very long time before WTO members can restore the negotiating function of the organization, says Terence Stewart of the Law Offices of Stewart and Stewart.

  • Lessons From Recent DOJ Probes Of Large Banks

    Jacqueline M. Arango

    The U.S. Department of Justice is focusing on large financial institutions for not only failing to comply with federal laws but also for willfully violating laws that were meant to protect the sanctity of the U.S. financial markets. These recent prosecutions, particularly with respect to U.S. embargo violations, provide guidance on what not to do, say Jacqueline Arango and Christine Bautista of Akerman LLP.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.